Page 65 - The Circle of Life

unless you are a little boy needing attention. They usually get spanked in public

by their moms and really are nothing to be proud off.

It can even happen where a woman is married and her husband sues the new

guy but obviously that is something else called adultery. It really should not be a
crime or on the law books but it is and the sentences for it harsh in Muslim

countries where flogging in public (100 lashes minimum) and or stoning to death
is the norm. Again this is what happens when religion and the law is mixed.

It must be understood also that you cannot be forced into a marriage just

because you had a sexual relationship with someone. In law it is presumed that
a married woman cannot be a virgin but note that there is absolutely no rule in

law in this country to say that a marriage must be consummated before it
becomes legal or that the wife must be a virgin when it is. I know it is different

in other countries. Reminds me of a joke we had many years ago that one
particular wild girl was almost still a virgin as she only had the Army and Police

on top of her. Yeah well, is not really funny. I admit. It sounds better in
Afrikaans.

As with any private law case the action must be taken within three years or the
claim will prescribe. Once prescribed there is nothing in law which can resurrect

it! It is the end of the road.

So what happens with the gifts between the parties?

Well, it can become quite complex but it is usually dealt with in three different
categories.

The first is the so called tokens of earnestness from the giver. This will include
the engagement ring and must be returned to him. If not he may sue

successfully in most cases for the value or the ring. The reason is simple and
found in the Roman law dictum of cessante ratione legis cessat ipsa lex which

means when the reason for the law ceases, the law itself ceases. There is no
more marriage thus no more ring. The best case to illustrate this point was

where a child died and the mom still demanded the maintenance money for him
even though he is now deceased. The court refused.

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